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Chongqing Administrative Normative Document Management

Original Language Title: 重庆市行政规范性文件管理办法

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Chapter I General

Article 1 promotes the management of administrative normative documents and upholds the rule of law and establishes this approach in line with the People's Organization Act at the local level of the People's Congress and at the local level of the People's Government of the People's Republic of China, the Regulations and Rules of the State of State and the relevant legal regulations.

Article 2

Article 3. The normative document referred to in this approach refers to organizations authorized by executive bodies and laws, regulations, regulations and regulations, in addition to government regulations (hereinafter referred to as the designating body), which, in accordance with the statutory competence and procedures, are generally binding on the rights obligations of citizens, legal persons or other organizations, may be applied repeatedly.

Article IV. The Government of the People's Government of the city, district (Autonomous Region) has led to the management of normative documentation in the current administration area, with executive heads responsible.

In accordance with their respective responsibilities, the Government of the People's Republic of the city, the District (Autonomous Region) and its Executive Office of the Department of Work (rooms), the rule of law sector (institutional bodies) are responsible for the management of related work in normative documents.

The executive inspection authority of the Government of the municipality, the district and district (utonomous districts) is responsible for the management of normative documents.

Article 5 governs normative documentation in accordance with the principles of the harmonization of the rule of law, the streamlining of efficiency, public participation, and the need for integrity.

Article 6 establishes normative documents that should strictly comply with the statutory competence and procedures, in accordance with legal, regulatory, and superior normative documents.

The organs should be responsible for the legitimacy of normative documents.

Article 7. Nor shall normative documents detract from the legitimate rights of citizens, legal persons and other organizations or increase their obligations; nor shall administrative licences, administrative sanctions, administrative enforcement, and administrative expenses be granted in violation of the law.

Chapter II

Article 8 shall establish a normative document for the implementation of administrative management in accordance with the legislative or legal, regulatory and regulatory provisions.

The above-level organs explicitly require the development of a normative document that should be formulated in a timely manner within the prescribed time frame.

Citizens, legal persons or other organizations have made proposals for normative documents, which are investigated by the designating body and decide whether or not to be developed.

The governing bodies, such as the Leading Group, sectoral offices, interim agencies and in-house institutions may not formulate normative documents.

Article 9 establishes organs that may prepare annual plans for normative documents based on actual needs.

Article 10 Government normative documents are drafted by the Government by a department designated by the Government; they involve two or more sectors and are jointly drafted by the Government. The joint drafting should clarify the hosting of a department and other departments.

Sectoral normative documents are drafted by the designating body of its relevant internal structures or by subordinate agencies. The sector has jointly developed normative documents that are drafted by the lead organizations of the host sector.

The normative document of a high level of professional and social attention could be entrusted with the drafting of colleges, research institutions or other social organizations.

Article 11 Normative documents should be published in the form of “Decides” “Recommendations”, “Recommendations”, “Recommendations”, etc.”, without the use of other forms such as “Reports” “Release” “Reviews”.

The title of the normative document generally uses the “provider approach” “rules” and shall not be “law” or “regulations”.

Normative documents should focus on content-specific, operationalization, and in principle, no repetition of the content already specified in the law.

Article 12 The drafting of normative documents should conduct research on the need for development, the issues to be addressed, and the main measures to be established.

The drafting of normative documents should take written requests, colloquiums, symposia, public consultation with relevant citizens, legal persons or other organizations, including social statements.

The relevant units in the drafting process had a significant divergence of views, which should be coordinated by the drafting cell, which was not agreed upon in coordination, should describe the views and the reasons for the parties and report to the appropriate people's governments for their finalization.

Article 13 Government normative documents should be delivered by the drafting unit's executive office, which should be reviewed by the legitimacy of the rule of law sector of the people's government, and the sectoral normative documents should be sent by the drafting body to review the legality of the rule of law institutions in the sector.

It is proposed to be considered by the Standing Committee of the Government, which should be reviewed in legitimacy by pre-session reports to the Government's rule of law sector.

The drafting unit's report of legality reviews should ensure that the necessary time for the review of the rule of law (institutional) is not generally less than three working days.

Article 14. The lawfulness review of the submission of normative documents shall provide the following material:

(i) A copy of the normative document;

(ii) Drafting notes, including the need for development, the main measures to be established, the status of consultation and the coordination of the treatment of important disagreements;

(iii) The basis of laws, regulations, regulations and superior normative documents;

(iv) Other material related to the development of normative documents.

Article 15 Review of legality includes, inter alia, the following:

(i) In conformity with the statutory competence;

(ii) In conformity with legal, regulatory and regulatory provisions;

(iii) Will conflict with the normative documents at the superior level;

(iv) Whether, in accordance with this approach, public consultation is provided;

(v) Other elements requiring review.

In the review, the rule of law sector (institutional) may require additional clarifications from the drafting units and assistance from the review.

Article 16 provides a review of legality within three working days for normative documents consistent with the laws, regulations and regulations. Specific provisions are not legitimate, and the drafting units have suggested changes to the drafting body and are subject to a revision of the legitimacy review.

The rule of law (institutional) does not give legitimacy to the review of normative documents that go beyond competence, are based on inadequate primary measures and do not have conditions.

There was a reasonable problem in the review and recommendations and observations should be made.

The draft of normative documents should be submitted to the development body for a collective discussion of decisions, after the review of legality. The Government's normative documents should be brought to the debate, such as the Standing Committee of the Government; sectoral normative documents should be brought to the sectoral executive office to discuss decisions. Considerable changes should be made, and the rule of law sector (institutional) should be reproduced.

Nor shall the normative documents that have not been reviewed by legitimacy be brought to the decision of the organs to discuss collectively.

Article 18 Norms of normative documents are openly consulted, review of legitimacy, collective discussion decisions, and institutions are not publicized.

The procedures set forth in Articles 12 and 17 of this approach could be simplified, with the approval of the principal holder of the development body, for emergencies such as responding to emergencies or guaranteeing major public interest.

Article 19 should be established by the authorities to make the normative documents available to society in accordance with public requests and procedures for information from the Government.

Article 20 establishes a normative document bank to publish a catalogue and text of normative documents through the Government website.

The Government's website has established a city-level normative document to publish the directory and text of the normative documents of the Government of the city and its working sectors, districts (Autonomous districts).

The People's Government and the Municipal Government's Work Sector website have established a normative document bank, which is the treasury of the normative documents at the municipal level, to publish the directory and text of normative documents in the region, in the light of the municipal normative document bank.

Article 21, normative documents should be carried out after 30 days of the date of publication, but the publication will not be carried out immediately without prejudice to the proper implementation of normative documents and can be carried out from the date of publication.

Chapter III

Article 22 Normative documents should be sent by the designating authority within 5 days of the date of publication, in accordance with the following provisions:

(i) The Government's normative documents are sent to the Government of the people at the highest level to the rule of law sector of the people at the highest level;

(ii) Sectoral normative documents are presented to the Government of the people at this level, and are sent to the Government's rule of law sector.

The publication of normative documents by the Government of the city is based on the relevant provisions of the State and the city.

The normative documents developed jointly by two or more units are sent by the hosting units.

Article 23 Reporting of normative documents shall be submitted to:

(i) Formal text of correspondence and normative documents submitted for review;

(ii) A description of normative documents, including questions of necessity, feasibility and major resolution;

(iii) The basis for the development of normative documents;

(iv) Review of the views of legitimacy;

(v) Other submissions.

The content of normative documents is linked to the functions of the units concerned and should also provide information on the status of consultations with the relevant units.

A web-based presentation of normative documents was introduced. Incorporating units of the web-based reporting system of normative documents, the online reporting system should be used.

Article 24 of the Government's rule of law shall be subject to review conclusions within 15 days of the receipt of the written material; a greater professionality or complexity of the situation will require further evidence, with the consent of the heads of the Government's rule of law to extend the period of review, but the extension period shall not exceed 7 days.

Article 25

(i) To submit the case in conformity with article 6 of this approach;

(ii) In order to respond to the provisions of article 6 of this approach, questions relating to the reasonableness of the matter are presented and are annexed to the review recommendations;

(iii) To inform the development of an organ's deadline for redressing and reporting on corrective results, in violation of article VI, article 7, of this approach; to delay the implementation or to report to the Government of the people at the current level on its removal;

(iv) To inform and return bodies that do not fall within the scope of the review;

The desk review could be carried out, inter alia, through open consultation and the convening of an argument. Assistance needs to be developed by institutions and relevant units, and institutions and related units should be assisted.

Article 26 Civil, legal or other organizations consider that normative documents are contrary to the provisions of this approach, may make proposals in writing to the organs or the Government's rule of law.

The written proposal should clarify the basic situation of the proposed person, the rationale and the basis for the proposed amendment or the repeal of the name, reason and basis of the normative document.

The twenty-seventh organ shall submit the comments within 10 days of the date of receipt of the written proposal and inform the author in writing.

The Government's rule of law sector should be transferred to the institution for verification. The organs should be treated in accordance with the preceding paragraph and the results should be added to the Government's rule of law. Where necessary, the Government's rule of law sector may review directly and transmit the results to the body.

Article 28, after the publication of the implementation of the normative document, should be assessed by the designating body or by the implementing body as appropriate.

Article 29 should provide for an effective period. The valid period of normative documents has not been applied for up to five years. In the six months prior to the expiry of the effective period, the establishment of an organ, which has been assessed as necessary, could extend the period of effectiveness, but the extension period would not exceed five years.

The title is “provisional” or “Time” with a maximum of two years. Until the expiry of the effective period, the decision is formally implemented or repealed by the designating body.

Article 33 shall be established by organs to clean up normative documents every two years.

A new law enforcement, a request for clearance by a superior body or a body considered necessary should be organized for specific clearance.

Article 33 Clearing normative documents should be addressed in accordance with existing laws, regulations, regulations and superior normative documents, in accordance with the following provisions:

(i) The content is legitimate and appropriate and is consistent with the needs of economic and social development;

(ii) The content is inconsistent or inappropriate with law, regulations, regulations and superior normative documents and should be re-established;

(iii) It has been replaced by new laws, regulations, regulations or normative documents, which have not yet been carried out or adjusted to the disappear.

A body should make the results clear available to society. Nor shall the normative documents that continue to be validated as a basis for administration.

Article 32 The Government of the people of the city, the district (in the autonomous district) should include the management of normative documents in the Government's objective responsibilities appraisal and in accordance with the law.

Article 33 establishes organs shall submit to the Executive Office of the Government (room) and the rule of law to the Office of the Government (room) and the rule of law to the governing document of the previous year.

Article 34, the Executive Office of the People's Government (rooms) and the rule of law sector should strengthen operational guidance and oversight inspections on the management of normative documents, in line with the division of duties, and provide annual briefings on the status of preparation of normative documents.

The Government's rule of law sector should make improvements to existing issues through the publication of a directory of the available normative documents by the Government's bulletin and the Government website by month; the annual statistical analysis of the normative documents sent.

Article 33 XV has been verified that normative documents have been found in violation of article 6, paragraph 7, of this approach, and the Government's rule of law should be responsible for immediate cessation of implementation and deadlines of corrective action; late refusal to rectify it has been requested by the Government of the people to withdraw it.

Article 36 Reviewing opinions by the review body or the People's Court on relevant normative documents, the development body shall inform it, within 30 days of receipt of the review, of the results in writing and transmit the Government's rule of law sector.

Chapter IV Legal responsibility

In violation of this approach, article 37 establishes a body that is one of the following cases, communicated by the Government's rule of law in accordance with its management responsibilities; in serious or grave circumstances, the Government of the people at this level is invited to rectify or withdraw, and the authorities are responsible for the design of organs and those responsible directly:

(i) No publication of normative documents in accordance with this approach;

(ii) There is no justification for refusing to accept the review of legality;

(iii) Unsubmissions are not reported in accordance with the provisions.

The rule of law (institutional) does not carry out a review of oversight functions, does not review normative documents in accordance with the law or remedy the criminal normative documents and are held accountable by the competent organ in accordance with the law.

Chapter V

The normative document is interpreted by the designating body. The organs may not authorize interpretation.

Article 40

The normative documents of the organization are governed by laws, regulations, regulations and regulations.

The normative document of the Government dispatched agencies, in the light of the present approach, provides for the presentation of the establishment of the dispatchor's office or the authorization of the Government of the people.

Article 40 governs the regulatory provisions of the previous Government of the People's Government that are inconsistent with this approach.

Article 42 The review of the registration method of normative documents of the executive branch of the Kingston City (No. 168) was also repealed.